Criminal Prosecution

News & Analysis as of

False Claims Act Update

New Criminal Division Review Process for Qui Tam Complaints Expands Main Justice Involvement and Threatens Greater Criminal Exposure in Whistleblower Investigations. The Assistant Attorney General for the Criminal...more

Responding to a Grand Jury Subpoena

Federal prosecutors use the grand jury, which consists of 16 to 23 jurors who operate in secrecy, to decide whether to charge someone with a serious crime. To further its investigation, the grand jury issues subpoenas—at...more

Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately...more

Teen Sexting Can Lead to Criminal Charges #CriminalAttorney

Teenagers who take sexually explicit photos or videos and text them to their friends may subject the sender and receiver to possible child pornography charges....more

Flash Boy’s luck runs out: Aleynikov takes his legal fees battle back to trial court

The last time TSW readers heard from Sergey “Flash Boy” Aleynikov, the underdog high-frequency trading guru had fought the law to a rare win: the New York State Supreme Court had tossed a raft of evidence in his second...more

A Moment of Simple Justice - Hopping Turnstiles  [Video]

Sept. 9, 2014 (Mimesis Law) -- According to a recent report by the NY Daily News, more than 37,000 people have done prison time for hopping turnstiles in New York City subways since 2008. The costs for prosecuting and...more

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest

One such set of consequences is unique to contractors who do business with federal or state governments. Because even a plea to a criminal conviction represents a person’s affirmative statement of the underlying facts, that...more

DOJ Makes Headway in Fight Against Financial Fraud

On August 18, 2014, following a Department of Justice (DOJ) investigation and criminal indictment, Paul Robson became the second former Rabobank employee to plead guilty for his participation in a scheme to manipulate the...more

SEC Charges Executive With Insider Trading Ahead of Client Announcements

The Securities and Exchange Commission recently filed a complaint in the US District Court for the Southern District of New York against a director at an investor relations firm charging him with multiple instances of insider...more

High Court Should Review Scope Of Crime-Fraud Exception

In Zolin, the Supreme Court determined that a party invoking the crime-fraud exception must make a threshold showing before a district court may review documented attorney-client communications on camera. The court settled on...more

Federal Prosecutors: The New Architects Of Corporate Governance

If I asked who or what are the primary sources of corporate governance changes, I would expect the following answers: Congress, the Securities and Exchange Commission, the stock exchanges, proxy advisory firms, public pension...more

Collateral Damage: Criminal Convictions and the Lasting Consequences

Prosecutors and often even judges do not appreciate the collateral consequences of a criminal conviction, regardless of whether it results from a trial or a plea agreement. While the direct consequences of conviction are...more

Don’t Let Immigration Status Sabotage Your Client’s Sentence

The following is a guest blog post by Norton Tooby, who has a national law practice in Oakland, California, providing expert consultation and representation on immigration consequences of criminal convictions, post-conviction...more

The Pros and Cons of Client Proffer Letters: Should You Talk to the Government?

During white collar criminal investigations, federal prosecutors may try to use client proffer letters (also known as client proffer agreements) to get information from individuals who are under investigation, or from...more

When The Government Chases the Tail of the Dog

Two recent white-collar cases are examples of a phenomenon that one tends to find when the defense is able to emerge victorious: a case with some core facts that simply do not fit the pattern of wrongdoing expected in the...more

FedEx Money Laundering Charges Provide an Alternative Avenue for Prosecution if Drug Charges Fail

The Department of Justice's ("DOJ") commitment to expanding the scope of criminal enforcement of the money laundering statutes was shown in a recent indictment targeting FedEx Corporation. ...more

NYC puts a stop to deed fraud

Ever heard of deed fraud? It’s a form of fraud that has gone largely unnoticed in New York City in past years, but thanks to recent efforts to crack down on these crimes, two people have been arrested in the Big Apple...more

Bribery & Deterrence: A Tale of Two Sentences

In an August 11, 2014 article (www.thebirberyact.com) “Supersize me: Innospec 4 sentencing remarks do much more than they say on the tin,” Barry Vitou and Richard Kovalevsky (“The Authors”) do a great service by elevating...more

Prosecutors are Entitled to Direct Access to Peace Officer Personnel Records

Appellate Court Says No Pitchess Motion Required to Determine if Records Contain Brady Material - Overview: A California appellate court held this week that prosecutors are entitled to direct access — without a...more

Lying to Examiners Can Lead Quickly to Criminal Charges

Hell hath no fury like a regulator (allegedly) lied to. This week, the SEC brought civil charges, and the U.S. Attorney for the Southern District of New York brought criminal charges, against a broker-dealer and its founder...more

Ex-Citadel Employee Pleads Guilty To Wire Fraud And Theft Of Trade Secrets; Accomplice Left To Fight Trial Alone

Yihao “Ben” Pu is probably coming to grips with the phrases “crime doesn’t pay…” and “don’t do the crime unless you’re willing to do the time….” In federal court in Chicago, on Thursday, August 7, 2014, Pu, a former...more

Deterrence: You had me at "being caught."

At my sentencing hearing, Judge Richard Leon stated that he had no doubt that I had been ultimately deterred, and added "Have you made a turn in the road for the better? There is no question about that either. But I have to...more

Federal Prosecutors Bring Criminal Charges against Individual for Alleged HIPAA Violation

Federal prosecutors in the Eastern District of Texas recently brought criminal charges under the Health Insurance Portability and Accountability Act (“HIPAA”) against a former East Texas hospital employee. The former...more

INTERPOL Red Notices and Dual Criminality

The case of Carmelo Bruzzese provides an interesting example of why Red Notices do not always lead to arrest and extradition, even where the alleged crime is rather serious by most standards....more

Youngstown, Ohio, Contractor Sentenced to 28 Months in Prison for Wastewater Dumping Scheme

We previously reported on the federal criminal and State of Ohio enforcement actions arising from the release of tens of thousands of gallons of hydraulic fracturing waste into a Youngstown, Ohio, area tributary by Hard Rock...more

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